ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination Act
42. Protection of rivers, lakes, seas and wet lands
Edition: 2022-12-31 · In force
42. Protection of rivers, lakes, seas and wet lands
(1)No person shall, without the prior written approval of the Authority given after an environmental impact assessment, in relation to a river, lake, sea or wetland in Kenya, carry out any of the following activities—(a)erect, reconstruct, place, alter, extend, remove or demolish any structure or part of any structure in, or under the river, lake, sea or wetland;(b)excavate, drill, tunnel or disturb the river, lake, sea or wetland;(c)introduce any animal, whether alien or indigenous, dead or alive, in any river, lake, sea or wetland;(d)introduce or plant any part of a plant specimen, whether alien or indigenous, dead or alive, in any river, lake, sea or wetland;(e)deposit any substance in a lake, river or wetland or in, on or under its bed, if that substance would or is likely to have adverse environmental effects on the river, lake, sea or wetland;(f)direct or block any river, lake, sea or wetland from its natural and normal course;(g)drain any lake, river, sea or wetland; or(h)any other matter prescribed by the Cabinet Secretary on the advice of the Authority.(2)The Cabinet Secretary may, by notice in the Gazette, declare a lake shore, wetland, coastal zone or river bank to be a protected area and impose such restrictions as he considers necessary, to protect the lake shore, wetland, coastal zone and river bank from environmental degradation and shall, in doing so, take into consideration the following factors—(a)the geographical size of the lake shore, wetland, coastal zone or river bank; and(b)the interests of the communities resident around the lake shore, wetland, coastal zone or river bank concerned.(3)The Cabinet Secretary may, by notice in the Gazette, issue general and specific orders, regulations or standards for the management of river basins, lake basins, wetlands or coastal zones and such orders, regulations or standards may include management, protection, or conservation measures in respect of any area at risk of environmental degradation and shall provide for—(a)the development of an overall environmental management plan for a lake, river, wetland or coastal area, taking into account the relevant sectoral interest;(b)measures for the prevention or control of coastal erosion;(c)the conservation of mangrove and coral reef ecosystems;(d)plans for the harvesting of minerals within the coastal zone, including strategies for the restoration of mineral sites;(e)contingency plans for the prevention and control of all deliberate and accidental discharge of pollutions into the sea, lakes or rivers;(f)plans for the protection of wetlands;(g)the regulation of harvesting of aquatic living and non-living resources to ensure optimum sustainable yield;(h)special guidelines for access to and exploitation of living and non-living resources in the continental shelf, territorial sea and the Exclusive Economic Zone;(i)promotion of environmentally friendly tourism; and(j)the management of biological resources.(4)The Authority shall, in consultation with the relevant lead agencies, issue guidelines for the management of the environment of lakes and rivers.(4A)The Cabinet Secretary may make Regulations prescribing for any interest in or over land in the interests of defence, public safety, public order, public morality, public health, or land use planning.(5)Any person who contravenes or fails to comply with any orders, regulations or standards issued under this section shall be guilty of an offence.